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12 - State Responsibility and the Role of the International Court of Justice

Published online by Cambridge University Press:  14 March 2025

William A. Schabas
Affiliation:
Middlesex University, London
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Summary

States incur responsibility for violations of the Convention that may include failure to prosecute or to comply with other obligations under the Convention. The International Court of Justice has made it clear that States may also be found responsibility for actually committing genocide. Because the repression of genocide is erga omnes, even a State that is not injured by the violation may take proceedings against another State alleging that it has committed genocide. The general principles are set out in the Articles on State Responsibility adopted by the International Law Commission. There have been seventeen interstate applications to the Court based upon the Genocide Convention although it has yet to conclude that a State Party has committed the crime of genocide. The two main cases to date are Bosnia v. Serbia and Croatia v. Serbia. Three cases are currently pending, Gambia v. Myanmar, Ukraine v. Russia and South Africa v. Israel. The Court has made important provisional measures orders in some of these cases.

Type
Chapter
Information
Genocide in International Law
The Crime of Crimes
, pp. 562 - 597
Publisher: Cambridge University Press
Print publication year: 2025

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